throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1077448
`08/25/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Hormel Foods, LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`08/26/2020
`
`1 HORMEL PLACE
`AUSTIN, MN 55912
`UNITED STATES
`
`Attorney informa-
`tion
`
`SARAH NELSEN
`HORMEL FOODS CORPORATION
`1 HORMEL PLACE
`AUSTIN, MN 55912
`UNITED STATES
`Primary Email: slnelsen@hormel.com
`Secondary Email(s): slnelsen@hormel.com
`5074375936
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88450758
`
`Publication date
`
`04/28/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`08/25/2020
`
`Opposition Peri-
`od Ends
`
`08/26/2020
`
`Wayne Farms LLC
`4110 CONTINENTAL DRIVE
`OAKWOOD, GA 30566
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 029. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Uncooked boneless skinless chicken breast
`fillets with and without rib meat, chicken tenderloins, whole and split chicken wings, all of the forego-
`ing sold by the case and in bulk
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2334008
`
`Application Date
`
`01/14/1999
`
`

`

`Registration Date
`
`03/21/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ALWAYS TENDER
`
`NONE
`
`Class 029. First use: First Use: 1999/10/04 First Use In Commerce: 1999/10/04
`beef
`
`U.S. Registration
`No.
`
`3038712
`
`Registration Date
`
`01/10/2006
`
`Application Date
`
`06/07/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ALWAYS TENDER
`
`NONE
`
`Class 029. First use: First Use: 1996/12/11 First Use In Commerce: 1996/12/11
`pork [ and beef ]
`
`U.S. Registration
`No.
`
`3923590
`
`Registration Date
`
`02/22/2011
`
`Application Date
`
`08/22/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`ALWAYS TENDER
`
`The mark consists of the wording "ALWAYS TENDER"; beneath the wording
`"ALWAYS" is a curved line; a wavy line depicting steam appears beneath the
`wording "TENDER" and behind the letters "N", "D" and "E" in the word
`"TENDER".
`
`Goods/Services
`
`Class 029. First use: First Use: 2009/11/29 First Use In Commerce: 2009/11/29
`Meat
`
`Attachments
`
`ALWAYSTENDEROPPOSITION.pdf(391156 bytes )
`
`Signature
`
`/sln/
`
`Name
`
`Date
`
`SARAH NELSEN
`
`08/25/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`NOTICE OF OPPOSITION
`
`
`88/450,758
`
`
`
`In re Application Serial No.:
`
`For the Mark:
`
`100% FARM RAISED LADYBIRD PREMIUM
`CHICKEN ALWAYS TENDER
`
`May 29, 2019
`
`April 28, 2020
`
`
`
`
`
`Opposition No._______________
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`Filed:
`
`Publication in the Trademark
`Official Gazette On:
`
`
`
`
`
`Hormel Foods, LLC
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Wayne Farms, LLC
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`Hormel Foods, LLC, a Minnesota limited liability company (“Opposer”) believes it
`
`NOTICE OF OPPOSITION
`
`will be damaged by the registration of the 100% FARM RAISED LADYBIRD PREMIUM
`
`CHICKEN ALWAYS TENDER mark in International Class 29 and hereby opposes the
`
`same.
`
`
`
`The grounds for this opposition are as follows:
`
`

`

`1.
`
`Applicant Wayne Farms, LLC (“Applicant”) seeks to obtain registration on
`
`the principal register of the trademark 100% FARM RAISED LADYBIRD PREMIUM
`
`CHICKEN ALWAYS TENDER for “uncooked boneless skinless chicken breast fillets with
`
`and without rib meat, chicken tenderloins, whole and split chicken wings, all of the
`
`foregoing sold by the case and in bulk” in International Class 29. The application is an
`
`intent to use application pursuant to Section 1(b) of the U.S. Trademark Act, 15 U.S.C. §
`
`1051(b).
`
`2.
`
`Upon information and belief, Applicant is a Delaware limited liability
`
`company, with its principal place of business at 4110 Continental Drive, Oakwood, Georgia,
`
`30566.
`
`3.
`
`Opposer is a limited liability company organized and existing under the laws
`
`of the State of Minnesota, with its principal place of business at 1 Hormel Place, Austin,
`
`Minnesota 55912. Opposer owns federal trademark registrations for the ALWAYS
`
`TENDER trademark (“Opposer’s Mark”) for “beef” used in commerce since October 04,
`
`1999, Registration No. 2,334,008; “pork” used in commerce since December 11, 1996
`
`Registration No. 3,038,712; and “meat” used in commerce since November 29, 2009 as
`
`Registration No. 3923590 all attached hereto and incorporated by reference as Exhibit A.
`
`4.
`
`Opposer’s Mark is distinctive. Moreover, through its use in interstate
`
`commerce, including substantial advertising and promotion by Opposer or its affiliates, and
`
`has developed and represents valuable goodwill to the benefit of Opposer. Opposer’s Mark
`
`has trademark significance to purchasers and potential purchasers.
`
`
`
`2
`
`

`

`5.
`
`Opposer’s rights in Opposer’s Mark are prior to the date of filing of
`
`Applicant’s Intent to Use application and any use of 100% FARM RAISED LADYBIRD
`
`PREMIUM CHICKEN ALWAYS TENDER by Applicant.
`
`6.
`
`Due in primary part of Applicant’s use of ALWAYS TENDER , as part of its
`
`mark, and the similar nature of the goods and services of the respective parties, customers
`
`and potential customers are likely to believe that Applicant’s goods under Applicant’s mark
`
`originate from or are sponsored by or affiliated or connected with Opposer or Opposer’s
`
`products, resulting in a likelihood of confusion in the marketplace and damage to Opposer.
`
`7.
`
`Registration of the mark 100% FARM RAISED LADYBIRD PREMIUM
`
`CHICKEN ALWAYS TENDER by Applicant is likely to cause confusion, mistake, or
`
`deception, causing damage to Opposer under Section 13 of the U.S. Trademark Act, 15
`
`U.S.C. § 1063.
`
`WHEREFORE, Opposer asks that the opposition to this application be sustained and
`
`that the registration of the term 100% FARM RAISED LADYBIRD PREMIUM CHICKEN
`
`ALWAYS TENDER be refused.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/sln/
`
`___________________________________
`
`Sarah L. Nelsen
`
`Hormel Foods, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`
`
`Exhibit A
`
`TESS was last updated on Tue Aug 25 02:28:23 EDT 2020
`
`
`ALWAYS TENDER
`IC 029. US 046. G & S: beef. FIRST USE: 19991004. FIRST USE IN COMMERCE:
`19991004
`(1) TYPED DRAWING
`75620686
`January 14, 1999
`1A
`1B
`
`November 12, 1999
`2334008
`March 21, 2000
`(REGISTRANT) HORMEL FOODS, LLC LIMITED LIABILITY COMPANY
`MINNESOTA 1 Hormel Place Austin MINNESOTA 559123680
`Sarah L. Nelsen
`2122566
`TRADEMARK
`SUPPLEMENTAL
`SECT 8 (6-YR). SECTION 8(10-YR) 20100322.
`1ST RENEWAL 20100322
`LIVE
`
`
`
`Word Mark
`Goods and Services
`
`Mark Drawing Code
`Serial Number
`Filing Date
`Current Basis
`Original Filing Basis
`Date Amended to
`Current Register
`Registration Number
`Registration Date
`Owner
`
`Attorney of Record
`Prior Registrations
`Type of Mark
`Register
`Affidavit Text
`Renewal
`Live/Dead Indicator
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`ESS was last updated on Tue Aug 25 02:28:23 EDT 2020
`
`
`
`
`
`Word Mark
`ALWAYS TENDER
`Goods and Services IC 029. US 046. G & S: pork [ and beef ]. FIRST USE: 19961211. FIRST USE IN
`COMMERCE: 19961211
`Mark Drawing Code (1) TYPED DRAWING
`Serial Number
`76268066
`Filing Date
`June 7, 2001
`Current Basis
`1A
`Original Filing Basis 1A
`Published for
`December 11, 2001
`Opposition
`Registration
`Number
`Registration Date
`Owner
`
`January 10, 2006
`(REGISTRANT) HORMEL FOODS, LLC LIMITED LIABILITY COMPANY MINNESOTA
`1 Hormel Place Austin MINNESOTA 55912
`Attorney of Record Sarah L. Nelsen
`Prior Registrations 2122566;2334008
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL-2(F)
`Affidavit Text
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20160223.
`Renewal
`1ST RENEWAL 20160223
`Live/Dead Indicator LIVE
`
`3038712
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`

`

`
`
`
`
`TESS was last updated on Tue Aug 25 02:28:23 EDT 2020
`
`
`
`ALWAYS TENDER
`IC 029. US 046. G & S: Meat. FIRST USE: 20091129. FIRST USE IN COMMERCE:
`20091129
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`
`
`
`Word Mark
`Goods and
`Services
`Mark Drawing
`Code
`Design Search
`Code
`
`01.15.05 - Smoke; Steam; Vapor
`26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
`26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved
`Serial Number 77553236
`Filing Date
`August 22, 2008
`Current Basis
`1A
`Original Filing
`1B
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`March 31, 2009
`
`3923590
`
`February 22, 2011
`
`(REGISTRANT) Hormel Foods, LLC LIMITED LIABILITY COMPANY MINNESOTA Law
`Department 1 Hormel Place Austin MINNESOTA 55912
`
`Attorney of
`Record
`Prior
`Registrations
`Disclaimer
`
`Description of
`Mark
`
`Type of Mark
`Register
`Affidavit Text
`Live/Dead
`Indicator
`
`
`
`
`Sarah L. Nelsen
`
`2334008;3005463;3046559;AND OTHERS
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ALWAYS TENDER" APART
`FROM THE MARK AS SHOWN
`Color is not claimed as a feature of the mark. The mark consists of the wording "ALWAYS
`TENDER"; beneath the wording "ALWAYS" is a curved line; a wavy line depicting steam
`appears beneath the wording "TENDER" and behind the letters "N", "D" and "E" in the word
`"TENDER".
`TRADEMARK
`PRINCIPAL
`SECT 15. SECT 8 (6-YR).
`
`LIVE
`
`6
`
`

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